Judgment reversed on the law; plea of guilty vacated, and action remitted to the trial court for further proceedings not inconsistent herewith.
No questions of fact have been considered. Defendant had been indicted for criminal negligence in the operation of a motor vehicle resulting in death (Penal Law, § 1053-a) and for driving a motor vehicle while intoxicated, as a misdemeanor. Upon recommendation of the District Attorney pursuant to statute (Code Crim. Pro...
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